The URL can be used to link to this page

Home My WebLink About14-0434 Supreme Court of Pennsyl -vania Coui of Comifi6ii Pleas i�`il C4�`Pl'. Sloe t For Prothonotan, Use Oidv: Cumberland ;'. Cou n ty DocketNa: 1 The information collected on this form is used solely for court administration purposes. This form does not Supplement or replace thefilNg and service ofpleadings or other papers as required by law or rules o court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from another Jurisdiction ❑ Declaration of Takin E Lead Plaintiff Name: Lead Defendant's Name: C LAKEVIEW LOAN SERVICING, LLC KIMBERLY A. DITRO ANTHONY J. MILLER T I Dollar Amount Requested within arbitration limits O Are money Damages requested ?: ❑Yes No (Check one) X outside arbitration limits 1 Is this a Class Action Suit? ❑ Yes ® NO Is this an MDJ Appeal? ❑ Yes ® NO A Name of Plaintiff/appellant's Attorney: KML Law Group, P.C. ❑ Check here if you are a Self-Represented Pro Se Litigant Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEAL ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation 5 ❑ Premises Liability ❑ Zoning Board ❑ Product Liability (does not include ❑ Statutory Appeal: Other »r � ass tort) ❑Employment dispute: C ❑ Slander/Libel Defamation Discrimination ❑ Other ❑Employment Dispute: Other T ❑ Other: 0 MASS TORT ❑ Other ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory ❑ Toxic Waste ❑ Eminent Domain/Condemnation. Arbitration B ❑ Other ❑ Ground Rent ❑ Declaratory Judgment ❑ Landlord/Tenant Dispute ❑ Mandamus ® Mortgage Foreclosure: Residential ❑ Non - Domestic Relations PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial Restraining Order • Dental ❑ Partition ❑ Quo Warranto • Legal ❑ Quiet title ❑ Replevin ❑ Medical ❑ Other Professional: ❑ Other ❑ Other Pa.R.C.P. 205.5 Updated 1/1/2011 KML LAW GROUP, P.C. , f SUITE 5000 - BNY ME LLON INDEPENDENCE CENTER _ �� 701 MARKET STREET L- �' �t � � OTH6 8 dU ,r PHILADELPHIA, PA 19106 (866) 413 -2311 � � It JAN 2 A 10. 5 6 LAKEVIEW LOAN SERVICING, LLC lfi AND C ftfff COURT OF COMMON PLEAS 4425 Ponce De Leon Blvd P S YLVANIA Mailstop MS5/251 OF Cumberland COUNTY Coral Gables, FL 33146 Plaintiff CIVIL ACTION - LAW vs. KIMBERLY A. DITRO ACTION OF MORTGAGE FORECLOSURE ANTHONY J. MILLER Mortgagor(s) and Record Owner(s) • CIVILAJMN: MORTGAGE 1106 Newville Road FORkIDRM Carlisle, PA 17013 Defendant(s) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING.A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717- 243 -9400 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. OMA`k'\ �� ? ? ff- `3660'9(p SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717 - 243 -9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243 -9400. 2). Call the Consumer Credit Counseling Agency at 1- 800 - 989 -2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http: / /www.phfa.org/ consumers /homeowners /real.45px 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http: / /www.philadell2hiafed.org /foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1- 866 - 413 -2311 or via email at homeretention@kmllawgroup.com Call Seth at 215- 825 -6329 or fax 215- 825 -6429. The figure and /or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825 -6318 or Fax: 215- 825 -6418. Please reference our Attorney File Number of 126361FC. Para informacion en espanol puede communicarse con Loretta al 215- 825 -6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is LAKEVIEW LOAN SERVICING, LLC, 4425 Ponce DeLeon Blvd, Mail stop MS5 /251, Coral Gables, FL 33146. 1. The name(s) and address(es) of the Defendant(s) is /are KIMBERLY A. DITRO, 1106 Newville Road, Carlisle, PA 17013 and ANTHONY J. MILLER, 1106 Newville Road, Carlisle, PA 17013, who is /are the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. 2. On June 30, 2008 mortgagor(s) made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR MNET MORTGAGE CORP., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on July 07, 2008 as Instrument # 200822967. The mortgage has been assigned to: LAKEVIEW LOAN SERVICING, LLC by assignment of Mortgage recorded on September 26, 2013 as Instrument # 201331823. The Mortgage and Assignment(s) (if any) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 3. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ( "Property "). 4. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for April 01, 2013 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 5. The following amounts are due to Plaintiff on the Mortgage: PrincipalBalance ............................... ............................... ....................$148,870.18 Interest from 03/01/2013 through 12/01/2013 at 6.8750 % . ......................$7,676.10 Monthly interest at $852.90 LateCharges ........................................ ............................... ........................$871.83 Escrow/ Impound Overdraft ................ ............................... ......................$2,438.74 ProRata MIP ......................................... ............................... ........................$120.82 PropertyInspection ................................ ............................... .........................$42.00 Property Preservation ................................ ............................... .................$1,260.70 Reasonable Attorney's Fee .................. ............................... ............ ..........$1,650.00 $162,930.37 6. If the Mortgage is reinstated prior to a Sheriff s Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. Plaintiff reserves the right to request additional attorney's fees if the complexity of the action results in fees in excess of the amount demanded. Further, Plaintiff will request recovery of all costs incurred in this action including, but not limited to, costs of suit, process serving and skip tracing, title searches, recording costs and any other costs of the action in accordance with the mortgage documents and applicable law. 8. Plaintiff is not seeking a judgment of personal liability (or an " personam judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re- establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose has been sent to Defendants by certified mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copy of such Notice attached and incorporated as Exhibit `B ". WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $162,930.37, together with interest at the rate of $852.90, per month and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. 11 A By: ;B1 KML LAW G , Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. ID 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff VERIFICATION 1, Maureen Vishion as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: aureen Vishion/Vi President #126361FC - KIMBERLY A. DITRO and ANTHONY J. MILLER 1106 Newville Road Carlisle, PA 17013 Exh i 6 i t A ALL THOSE CERTAIN three tracts of land with improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT # 1: ALL THAT CERTAIN lot of ground, together with the improvements thereon erected; situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the middle of a concrete road between Carlisle and Newville; thence in a southerly direction, 207 feet along Tract No. 2, hereinafter described to an iron pin; thence at right angles along lands now or formerly of Morris Knaub, West 50 feet to an iron pin in the Eastern line of a.16 foot alley; thence at right angles along said alley, North 207 feet to a point in the middle of the said concrete road; thence along the middle of said road, East 50 feet to a point, the Place of Beginning. The said tract herein described being Lot No. 21 according to a Plan of Lots laid out by Edward R. Lay and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 2, Page 40. Improved with a one story frame bungalow known as 1106 Newville Road, Carlisle. PA. TRACT # 2: ALL THAT CERTAIN lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the middle of the concrete road leading from Carlisle to Newville at the Northeast comer of Tract No. 1 above described; thence in a southerly direction along the line of said Tract No. 1, 207 feet to an iron pin at the southeast comer thereof, thence in an easterly direction at right angles to said last mentioned line along lands now or formerly of Morris Knaub, 25 feet to a stake; thence along said lands now or formerly of Moms Knaub in a northerly direction at right angles to the aforesaid concrete road, a distance of 270 feet to a point in the middle of the aforesaid concrete road; thence by the middle of the said concrete road in an westerly direction 25 feet to the northeast comer of Tract No. 1 above described, the Place of BEGINNING. j The lot of ground above described lies immediately East of an adjoining Lot No. 21 on the Plan of Lots of Edward R. Lay, recorded'in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book No. 2, Page 40 and is not numbered or included within the boundaries of the numbered lot son said Plan. TRACT # 3: ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described according to the Final Subdivision Plan for Ronald L. & Ruth R. Jones as prepared by Lary V. Neidlinger, P.E.R.S., dated March 19, 1999, revised May 1, 1000 and recorded in Cumberland County Plan Book 79, Page 8, as follows: BEGINNING at an iron pin at the southwest corner of other land of the Grantee herein, on the eastern edge of a 16 foot alley; thence by said other land of the Grantee herein South 87 degrees 00 minutes 00 seconds East 75.00 feet to an iron pin in line of Lot No. 1 on the hereinafter mentioned Subdivision Plan; thence by said Lot No. 1 South 01 degrees 29 minutes 29 seconds West 45.40 feet to a point in line of land now or formerly of Pennsylvania Power & Light Company; thence by said land now or formerly of Pennsylvania Power & Light Company South 83 degrees 50 minutes 00 seconds West 159.16 feet to an iron pin in line of land now or formerly of Dianne C. Reed; thence by said land now or formerly of Diane C. Reed North 03 degrees 00 minutes 00 seconds East 54.74 feet to an iron pin on the southern edge of a 16 foot alley; thence by said 16 foot alley South 87 degrees 00 minutes 00 seconds East 80.93 feet to an iron pin; thence by the same North 03 degrees 00 minutes 00 seconds East 16.00 feet to an iron pin, the place of BEGINNING. i BEING Lot No. 2 on the above described Subdivision Plan. CONTAINING .1791 acre, more or less. r All three tracts constitute -one tax parcel and are merged into one tract of land for purposes of future conveyances. BEING KNOWN as Parcel # 29 -20- 1792 -011. BEING the same premises which Lary D. Lego, by deed dated July 17, 2003, and recorded July 17, 2003, in Cumberland County in Deed Book Number 258, at Page 818, granted and conveyed unto Larry D. Lebo and Sandra L. Lebo, husband and wife. BEING the same premises which became vested in Anthony J. Miller and Kimberly A. Ditro by deed of Larry D. Lebo and Sandra L. Lebo, dated olaflP_ .fin , r'?" , and recorded contemporaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County. i. i i i I f L Ey h �B *Exhibit has been redacted to remove all personally identifiable information or non-public information L M M&T Bank REPRESENT NT 7107 8381 6542 1783 3020 1 - 750- 70937 -0000076 -001 -01 -000 - 000 -000 -000 KIMBERLY A DITRO 1846 WALNUT BOTTOM RD NEWVILLE PA 17241 INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT September 20, 2013 KIMBERLY A DITRO 1846 WALNUT BOTTOM RD NEWVILLE PA 17241 Re: Mortgage No.: _3482 Property Address: 1106 NEWVILLE RD CARLISLE PA 17013 ACT 6 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor Customer(s): If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. The mortgage held by M &T Bank on your property located at 1106 NEWVILLE RD CARLISLE PA 17013 IS IN SERIOUS DEFAULT because you have not made the monthly payments for the months of 04/01/2013 through today. Late charges and other charges have also accrued to this date in the amount of $1,211.00. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $9,434.96. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $9,434.96 plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at M &T Bank, One Fountain Plaza, 7th Floor, ATTN: Payment Processing, Buffalo, NY 14203. If you do not cure this default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 10 months from the date of this notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1- 800 - 724 -1633. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID FOR PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. If you have any questions regarding this letter, please feel free to contact our office at 1- 800 - 724 -1633. Sincerely, M &T Bank Homeowner Assistance Center 1- 800 - 724 -1633 XD537 M &T Bank is attempting to collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. INTERNET REPRINT FM WT Bank REPRESENT NT 7107 8381 6542 1783 3037 7- 750- 70937 -0000077 -001 -01 -000 -000 -000 -000 ANTHONY J MILLER 1846 WALNUT BOTTOM RD NEWVILLE PA 17241 INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT September 20, 2013 ANTHONY J MILLER 1846 WALNUT BOTTOM RD NEWVILLE PA 17241 Re: Mortgage No.: _3482 Property Address: 1106 NEWVILLE RD CARLISLE PA 17013 ACT 6 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor Customer(s): If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. The mortgage held by M &T Bank on your property located at 1106 NEWVILLE RD CARLISLE PA 17013 IS IN SERIOUS DEFAULT because you have not made the monthly payments for the months of 04/01/2013 through today. Late charges and other charges have also accrued to this date in the amount of $1,211.00. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $9,434.96. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $9,434.96 plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at M &T Bank, One Fountain Plaza, 7th Floor, ATTN: Payment Processing, Buffalo, NY 14203. If you do not cure this default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 10 months from the date of this notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1- 800 - 724 -1633. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID FOR PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. If you have any questions regarding this letter, please feel free to contact our office at 1- 800 - 724 -1633. Sincerely, M &T Bank Homeowner Assistance Center .1- 800 -724 -1633 XD537 M &T Bank is attempting to collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. INTERNET REPRINT M&T Bank REPRESENT A NT 7107 8381 6542 1783 3044 4750- 70937 -0000078 -001 -01 -000 -000 -000 -000 KIMBERLY A DITRO 1106 NEWVILLE RD CARLISLE PA 17013 INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT September 20, 2013 KIMBERLY A DITRO 1106 NEWVILLE RD CARLISLE PA 17013 Re: Mortgage No.: -3482 Property Address: 1106 NEWVILLE RD CARLISLE PA 17013 ACT 6 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor Customer(s): If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. The mortgage held by M &T Bank on your property located at 1106 NEWVILLE RD CARLISLE PA 17013 IS IN SERIOUS DEFAULT because you have not made the monthly payments for the months of 04/01/2013 through today. Late charges and other charges have also accrued to this date in the amount of $1,211.00. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $9,434.96. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $9,434.96 plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at M &T Bank, One Fountain Plaza, 7th Floor, ATTN: Payment Processing, Buffalo, NY 14203. If you do not cure this default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal . proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 10 months from the date of this notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1- 800 - 724 -1633. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID FOR PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. If you have any questions regarding this letter, please feel free to contact our office at 1- 800 - 724 -1633. Sincerely, M &T Bank Homeowner Assistance Center 1- 800 - 724 -1633 XD537 M &T Bank is attempting to collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. INTERNET REPRINT M &T Bunk REPRESENT NT 7107 8381 6542 1783 3051 1 -750- 70937 -0000079 -001 -01 -000 -000 -000 -000 ANTHONY J MILLER 1106 NEWVILLE RD CARLISLE PA 17013 INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT September 20, 2013 ANTHONY J MILLER 1106 NEWVILLE RD CARLISLE PA 17013 Re: Mortgage No.: -3482 Property Address: 1106 NEWVILLE RD CARLISLE PA 17013 ACT 6 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor Customer(s): If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. The mortgage held by M &T Bank on your property located at 1106 NEWVILLE RD CARLISLE PA 17013 IS IN SERIOUS DEFAULT because you have not made the monthly payments for the months of 04/01/2013 through today. Late charges and other charges have also accrued to this date in the amount of $1,211.00. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $9,434.96. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $9,434.96 plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at M &T Bank, One Fountain Plaza, 7th Floor, ATTN: Payment Processing, Buffalo, NY 14203. If you do not cure this default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 10 months from the date of this notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1- 800 - 724 -1633. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. INTERNET REPRINT - REPRESENTATION OF PRINTED DOCUMENT, You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID FOR PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. If you have any questions regarding this letter, please feel free to contact our office at 1- 800 - 724 -1633. Sincerely, M &T Bank Homeowner Assistance Center 1- 800 - 724 -1633 XD537 M &T Bank is attempting to collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. INTERNET REPRINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA,, " G Jr- LAKEVIEW LOAN SERVICING, LLC Plaintiff r/ ` 2 W a vs. Case No. .J KIlVIBERLY A. DITRO r -- G ;. ANTHONY J. MILLER . -+ �;, Defendant(s) NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation, conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respect 1 Mi t t A A (Signs f Couns 1 intiff) 1/21/2014 Date Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Fleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete -your request for hardship assistance, your lender must consider your circurnstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip Is the property for sale? Yes E — j No Q Listing date; . _ . . _ Pace: S Realtor Name: Realtor Phone: Borrower Occupied? Yes No Mailing Address (if different): City: State : —Zip: Phone Numbers: Horne: Oire: Cell: Other: Email: # of people in household: How long? Mailing Address; City: State. Zip: Phone Numbers: Home: Office: Cell: Other: Email: ## of people in household: How Iona? First Mortgage Lender: Type of Loan. Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included `faxes & Insurance, Date of Last Payment Primary &agson. for Default: is the loan in Bankruptcy? Yes No It yes provide names, location of court, case nulllbcr & attorney: Y Assets A mount Owed Valise: - tome: $ $ Other .Real Estate: $ $ -- Retirement Funds: $1 $ Investments: $ $ Checking: $� $ Swings: S $ Other:. $ $ Automobile 41: Model: Year: Amount owed: Value: Autgrnobile #2 : Model: Fear: Amount owed: Value: Other transportation (automobiles, boats,,,motorcycles Model. Year Amount owed: Value Month[ f Income Name of Employers: I . 2. 3. Additional Income Description (not wages): I . _ tttonthly amount: 2, monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Wnthly Enenses: (Please only include expenses you are curre paying) Moa NSE AMOUNT EXPENSE AMOUNT ge 'good 2 ivl a e Utilities Car Fa - meets Condo/Nei h. frees Auto Insurance Mad. not covered Auto fuel/repairs Other p rop. p ayment Install. Loan Payment Cable TV Child Su rtlA.lim. S endin More Da �Child Care/Tuit, Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes El No E If yes, please provide the following information: Counseling Agency: Coudiselor: Pbone.(Office): Pax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes [] No (D If yes, please indicate the status of the application:_ Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? `Yes No [] If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or leader's loan servicing company: Leader's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: ll4'Ye, , authorize the above named to uselrefer this information to my londerfservicer for the sole purpose of evaluating any financial situation for possible mortgage options, I We understand that Itwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel; } Proof of income � p fast Z bank statements V Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation r (hardship ,lettcr) V Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson U ; Sheriff . .�yi4tfl 4M 0ibll X11 •„��1 Jody S Smith Chief Deputy s c'I €tIA 10 --4, 02 Richard W Stewart r Solicitor ..,., �_. . �. - EN�NSYV AN!A Lakeview Loan Servicing, LLC Case Number vs. Kimberly A Ditro(et al.) 2014-434 SHERIFF'S RETURN OF SERVICE 01/27/2014 06:20 PM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Anthony James Miller, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found”at 1106 Newville Road, North Middleton Township, Carlisle, PA 17013. Residence is vacant. 01/27/2014 06:20 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kimberly A Ditro, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 1106 Newville Road, North Middleton, Carlisle, PA 17013. Residence is vacant. 02/21/2014 08:43 PM- Deputy Shawn Harrison, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortga.- •reclosure by handing a true copy to a person representing themselves to be Brian Peiffer, boyfriend who accepted as"Adult Person in Charge"for Kimberly A Ditro at 1846 Walnut Bottom Road, r- ' r•wns ip, Newville, PA 17241. _4 'A —A HA-RI . , DEPUTY 02/24/2014 11:48 AM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Antoinette Miller, mother,who accepted as"Adult Person in Charge"for Anthony James Miller at 659 Mountain Street, Enola, PA 17025. RYAN BURGETT, DE TY SHERIFF COST: $94.85 SO ANSWERS, February 25, 2014 RONNR ANDERSON, SHERIFF cuf a _, To osc`- KML Law Group, P.C. SUITE 5000 — BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 -1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF LAKEVIEW LOAN SERVICING, LLC 4425 Ponce De Leon Blvd Mailstop MS5 /251 Coral Globes, FL 33146 vs. KIMBERLY A. DITRO ANTHONY J MILLER 1106 Newville Road Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 14 -434 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. By: Lw►� I►:.' KML A,W G'� ', P.C. Micha: cKeev-r Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay E. Kivitz Pa. ID 26769 Jill P. Jenkins Pa. ID 306588 Joshua I. Goldman Pa. 205047 Alyk L. Oflazian Pa. ID 312912 Attorneys for Plaintiff J er,,t, ) Pa, ID 3I 6l 6O I1.15 Pp sari/ C 7(olS e 3033.1 D SHERIFF'S OFFICE OF ~ U� MBER~AND COUNTY Ronny FAnderson '!L. E D-jc/7/CL. Sheriff , /HE PROTHO-Fin,1, .' Jody S Smith Chief Depu Richard W Stewart Solicitor ^,4v ?" C • OFF u'o-i oF THE sHERIFF APR _ PM . CUMBERLAND -Y PENNSYLVANIA Lakeview Loan Servicing, LLC vs. Kimberly A Ditro (et al.) Case Numbe SHERIFF'S RETURN OF SERVICE 03/24/2014 04:59 PM - Deputy Dawn Kell, bei duly according to l served the requested Notice of Residential Mortgage Foreclosure Diversion Program & Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Anthony James Miller at 659 Mountain Sheeg, East Pennsboro, Eno|a, PA 17025. • vizi, DAWN KELL, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, March 25, 2014 NZ'R ANDERSON, SHERIFF (c) CountySuite Sheriff, Tereosoft, .r •• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LAKEVIEW LOAN SERVICING, LLC 4425 Ponce De Leon Blvd Mailstop MS5/251 Coral Globes, FL 33146 vs. KIMBERLY A. DITRO ANTHONY J. MILLER (Mortgagor(s) and Record Owner(s)) 1106 Newville Road Carlisle, PA 17013 Plaintiff Defendant(s) No. 14-434 r' -ca P G=, - c' crt t 0,3 dam, r. PRAECIPE FOR JUDGMENT . 4 r THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A iSI1 ....t --- OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. c3�rt Enter the Judgment in favor of Plaintiff and against KIMBERLY A. DITRO and ANTHONY J. MILLER by default for want of an Answer. Assess damages as follows: Debt Monthly Interest - 03/01/2013 to 06/01/2014 Total (Assessment of Damages attached) $168,047.77 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 By: KML LAW GROUP, Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 267 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 _Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Salvatore Filippello Pa. ID 313897 Alyk L. Oflazian Pa. ID 312912fl Attorneys for Plaintiff 11011 AND NOW Ju h e 36 , c 1 , Judgment is entered in favor of;j LAKEVIEW LOAN SERVICING, LLC and against KIMBERLY A. DITRO and THw J. R by defaulfor want of an Answer and damages assessed in the sum of $168,047.77 as per the ab certif at .n. . t rserikit316 [(co 1.3b lie Ma,.lecgty 261 Fa Rule of Civil Procedure No. 236 — Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAKEVIEW LOAN SERVICING, LLC 4425 Ponce De Leon Blvd Mailstop MS5/251 Coral Globes, FL 33146 KIMBERLY A. DITRO ANTHONY J. MILLER (Mortgagors and Record Owner(s)) 1106 Newville Road Carlisle, PA 17013 Plaintiff vs. Defendant(s) No. 14-434 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above -captioned matter has been entered against you. David D. Buell Prothonotary By: Deputy If you have any questions concerning the above, please contact: KML LAW GROUP, P.C. Suite 5000 — BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 1 126361FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: KIMBERLY A. DITRO DITRO, KIMBERLY A. 1106 Newville Road Carlisle, PA 17013 LAKEVIEW LOAN SERVICING, LLC 4425 Ponce De Leon Blvd Mailstop MS5/251 Coral Globes, FL 33146 Plaintiff vs. KIMBERLY A. DITRO ANTHONY J MILLER (Mortgagor(s) and Record Owner(s)) 1106 Newville Road Carlisle, PA 17013 Defendant(s) TO: KIMBERLY A. DITRO 1106 Newville Road Carlisle, PA 17013 DATE OF THIS NOTICE: May 27, 2014 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure No. 14-434 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 By: KML LAW GRO P. Michael McKe er Pa. ID 56129 Lisa Lee Pa. ID 78020 David Fein Pa. ID 82628 J' IP. Jenkins Pa. ID 306588 lyk L. Oflazian Pa. ID 312912 alvatore Filippello Pa. ID 313897 Jennifer Lynn Frechie Pa ID 316160 215-627-1322 Attorneys for Plaintiff THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: ANTHONY J. MILLER MILLER, ANTHONY J. 1106 Newville Road Carlisle, PA 17013 LAKEVIEW LOAN SERVICING, LLC 4425 Ponce De Leon Blvd Mailstop MS5/251 Coral Globes, FL 33146 Plaintiff vs. KIMBERLY A. DITRO ANTHONY J MILLER (Mortgagor(s) and Record Owner(s)) 1106 Newville Road Carlisle, PA 17013 Defendant(s) TO: ANTHONY J. MILLER 1106 Newville Road Carlisle, PA 17013 DATE OF THIS NOTICE: May 27, 2014 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure No. 14-434 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES 1NC 8 Irvine Row Carlisle, PA 17013 717-243-9400 By: KML LAW G UP, P.C. Michael eever Pa. ID 56129 Lisa Lee Pa. ID 78020 David Fein Pa. ID 82628 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Jennifer Lynn Frechie Pa ID 316160 215-627-1322 Attorneys for Plaintiff THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: KIMBERLY A. DITRO DITRO, KIMBERLY A. 1846 Walnut Bottom Road Newville, PA 17241 LAKEVIEW LOAN SERVICING, LLC 4425 Ponce De Leon Blvd Mailstop MS5/251 Coral Globes, FL 33146 Plaintiff vs. KIMBERLY A. DITRO ANTHONY J MILLER (Mortgagor(s) and Record Owner(s)) 1106 Newville Road Carlisle, PA 17013 Defendant(s) TO: KIMBERLY A. DITRO 1846 Walnut Bottom Road Newville, PA 17241 DATE OF THIS NOTICE: May 27, 2014 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure No. 14-434 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 By: KMLLA IRI ',P.C. Micha : cKeever Pa. ID 56129 Lisa Lee ' a. ID 78020 David Fein Pa. ID 82628 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Jennifer Lynn Frechie Pa ID 316160 215-627-1322 Attorneys for Plaintiff 126361 FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: ANTHONY J MILLER MILLER, ANTHONY J. 659 Mountain Street Enola, PA 17025 LAKEVIEW LOAN SERVICING, LLC 4425 Ponce De Leon Blvd Mailstop MS5/251 Coral Globes, FL 33146 Plaintiff vs. KIMBERLY A. DIIRO ANTHONY J MILLER (Mortgagor(s) and Record Owner(s)) 1106 Newville Road Carlisle, PA 17013 Defendant(s) TO: ANTHONY J MILLER 659 Mountain Street Enola, PA 17025 DATE OF THIS NOTICE: May 27, 2014 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure No. 14-434 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 By: aIII KML LAW ' .' P, P.C. Michael 'y cKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 David Fein Pa. ID 82628 Ji IP. Jenkins Pa. ID 306588 yk L. Oflazian Pa. ID 312912 Ji Filippello Pa. ID 313897 Jennifer Lynn Frechie Pa ID 316160 215-627-1322 Attorneys for Plaintiff /' KML LAW GROUP, P.C. Suite 5000 — BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff LAKEVIEW LOAN SERVICING, LLC 4425 Ponce De Leon Blvd Mailstop MS5/251 Coral Globes, FL 33146 vs. KIMBERLY A. DITRO ANTHONY J. MILLER (Mortgagor(s) and Record owner(s)) 1106 Newville Road Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 14-434 ORDER FOR JUDGMENT Please enter Judgment in favor of LAKEVIEW LOAN SERVICING, LLC, and against KIMBERLY A. DITRO and ANTHONY J. MILLER for failure to file an Answer in the above . tion ithin (20) days from the date of service of the Complaint, in the sum of $168,047.77. By: KMLLAWG ','.C. Michael McKe• Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 _Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 Andrew F. Gomall Pa. ID 92382 _Salvatore Filippello Pa. ID 313897 Alyk L. Oflazian Pa. ID 3129 fi I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is LAKEVIEW LOAN SERVICING, LLC 4425 Ponce De Leon Blvd Mailstop MS5/251 Coral Globes, FL 33146 and that the name(s) and last known address(es) of the Defendant(s) is/are KIMBERLY A. DITRO, 1846 Walnut Bottom Road Newville, PA 17241 and ANTHONY J. MILLER, 659 Mountain Street Enola, PA 17 5; By: KML LAW GRO Michael McKeever P71P 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 _Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 Andrew F. Gomall Pa. ID 92382 Salvatore Filippello Pa. ID 313897 J Oflazian. ID 3129 Attorne_ or lai tiff %c/e 31 o ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Monthly Interest from 03/01/2013 through 06/01/2014 Reasonable Attorney's Fee Late Charges Escrow/ Impound Overdraft Pro Rata MIP Property Inspections Property Preservation By: $148,870.18 $12,793.50 $1,650.00 $871.83 $2,438.74 $120.82 $42.00 $1,260.70 $168,047.77 —KML LAW GRO 3I P.C. Michael McKeever. ID 56129 _Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 _Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Salvatore Filippello Pa. ID 313897 Alyk L. Oflazian Pa. ID 312912 Attorneys for Plaintiff AND NOW, this 30 day ofU no, 2014 damages are assess as ab 14-434/126361FC 6--etittoidbo Pro Prothy r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAKEVIEW LOAN SERVICING, LLC Plaintiff vs. KIMBERLY A. DITRO ANTHONY J. MILLER Defendant(s) NO. 14-434 VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief, as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) for the following individual(s): KIMBERLY A. DITRO, has a last known residence of 1846 Walnut Bottom Road, Newville, PA 17241. The following information was used to search the DMDC (check all that apply): X Last Name X First Name -Q :I -- --4 m a c___ :3: -;., A rY� c rri _- (I w -:'i ci -<1>..„,_cD CD 3. The DMDC search results, a copy of which is attached, states that based on t ormatio] 5 provided, the DMDC does not possess any information indicating that the individual is onmcgve gty c r) —.4. --I CD r> X Social Security Number has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date On 11 By: KML LAW GROUP, P. Michael McKeever Pa`1D 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313 897 2Ji P.Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff Department of Defense Manpower Data Center Results as of : Jun -27-2014 06:40:10 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil. Relief Act Last Name: DITRO First Name: KIMBERLY Middle Name: A. Active Duty Status As Of: Jun -27-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA• No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Yi Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 - 410 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 2AMO4D7EPO8CT30 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAKEVIEW LOAN SERVICING, LLC Plaintiff vs. KIMBERLY A. DITRO ANTHONY J. MILLER Defendant(s) NO. 14-434 VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief, as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) for the following individual(s): ANTHONY J. MILLER, has a last known residence of 659 Mountain Street, Enola, PA 17025. The following information was used to search the DMDC (check that, apply): r- w X Last Name --C X First Name Z CD c C) - X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to autho les. 01:71 Date By: Y KML LAW GROUP, " C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313897 Jill P. Jenkins Pa. ID 306588 lyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff • Department of Defense Manpower Data Center Results as of : Jun -27-2014 06:42:00 AM SCRA 3.0 $tatus Report Pursuant to Service embers Civil. Relief Act Last Name: MILLER First Name: ANTHONY Middle Name: J. Active Duty Status As Of: Jun -27-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA " No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 151;19‘"' The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service -member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: FAW27D0EJO8D1E0